Your Cookies are Disabled! NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

A guide to notarizing for family members

Updated 12-4-23. A Notary is an impartial witness to the signing of important documents. Spouses, parents, siblings and children often need documents notarized — but can you serve as a family member's Notary without bias? Here are helpful tips for handling notarization requests from family members.

Not all states permit notarizing for relatives

If asked to notarize for a family member, the first thing to do is check your state’s laws. A few states prohibit Notaries from notarizing for most family members. Others prohibit notarizing for specific family members. For example, Florida and Massachusetts do not allow notarizing the signatures of a Notary’s spouse, parents or children, and Massachusetts extends this prohibition to siblings, domestic partners, half- and step-relatives. North Dakota, Oregon and West Virginia prohibit notarizing for spouses only, though all of these states also recommend against notarizing for other family members. A Pennsylvania Notary may not notarize signatures on documents that the Notary's spouse has a direct or pecuniary interest in.

On the other hand, many states, such as Texas, do not restrict Notaries from notarizing for relatives at all. Some states, including Alabama, California and Montana, caution Notaries against notarizing documents for relatives even though the law doesn’t specifically ban it. 

If you’ll benefit, don’t notarize it

Even if your state doesn’t restrict you from notarizing for a family member, you shouldn’t do it if you will benefit from the transaction in any way. For example, Ohio does not specifically prohibit notarizing for relatives but states that the Notary should not perform the notarial act if the Notary has a direct financial or other interest in the transaction, or if the Notary is named as a party in the document. 

If you are in a community property state, any transaction involving your spouse could potentially benefit you as well — even if your name isn’t on the document. Some states, such as California, don’t specifically ban notarizing for relatives, but do prohibit notarizing if the Notary has some kind of involvement in the notarized document. For example, California prohibits its Notaries from notarizing a document if the Notary has a direct financial or beneficial interest such as being named in the document or receiving a gift or benefit from a transaction detailed in the document apart from the Notary's statutory fee.

If you’re not sure whether you’d stand to benefit from notarizing a document for a relative, it’s better to be safe and refer the relative to another Notary who’s not related or involved in the transaction.

The Notary Public Code of Professional Responsibility offers helpful guidance on this thorny subject. It urges the Notary to decline to notarize for any family member related by blood, marriage, or adoption in any degree of lineage. It also calls for Notaries to avoid even the appearance of partiality, which can happen in many cases involving family members.

Always follow the rules

If your state allows notarizing for a relative, remember that you still have to follow all the normal rules for identifying the signer and completing the notarization. Just because the signer is your spouse, child or other family member, it doesn’t give you the right to ignore Notary laws. Your relative will still need to personally appear before you, be identified according to state law and sign your journal entry if a journal record is required in your state.

If you have questions, ask

Don’t be afraid to ask questions if you’re unsure about notarizing for a family member. Your state Notary agency may be able to help you, and NNA members can contact the Notary Hotline for assistance.

David Thun is the Assistant Managing Editor with the National Notary Association.

Complete how-to-guide ad

Complete how-to-guide ad


Related Articles:

What Notaries need to know about disqualifying interest

When to say 'no' ... and when refusing a notarization is not allowed


View All: Best Practices

414 Comments

Add your comment

KRISTY CHINN

19 Dec 2016

CA law state law specifies you can do it if it is an indirect benefit to you, but not if it DIRECTLY benefits you. This being said, I feel that an employee definitely indirectly benefits from their employers notaries when they are large billings. Wouldn't they benefit from their company receiving large payments?

National Notary Association

20 Dec 2016

Hello. CA Government Code 8224 states that a Notary who has a direct financial or beneficial interest in a transaction shall not perform a notarial act in connection with that transaction, but makes an exception for Notaries acting as employees of persons having a direct interest in the transaction.

Nellie Sharp-Neal

20 Dec 2016

I viewed my state's rules regarding notarizing for relatives (in state of Virginia) and I did not see where it states either prohibited or not. Where else could I confirm the answer?

National Notary Association

20 Dec 2016

Hello. Code of Virginia 47.1-30 states that Notaries may not perform notarial acts for documents in which the Notary or the Notary's spouse is a party, named, a signature or has a direct beneficial interest.

durleen

20 May 2017

Can I notarize a residency application for my granddaughter in NYS

National Notary Association

22 May 2017

Hello. New York does not disqualify Notaries from notarizing documents on the basis of family relationship. However, if you are a party to or directly and pecuniarily interested in the transaction in some way, you cannot notarize.

Everette

19 Jul 2017

In NC can I notarize a document for my brother-in-law? I have no interest in or gain anything from the document.

National Notary Association

24 Jul 2017

Hello. Yes, if you are not a named party on the title or do not directly benefit from the transaction. State officials strongly recommend, however, that Notaries not perform notarial acts for relatives.

Hannah

23 Sep 2017

Can u notarize paperwork for my grandfather? In ga

National Notary Association

25 Sep 2017

“Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, states: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.”

victor@gonzaleznotary.com

19 Oct 2017

I'm in CA. Can I notarize a statement for my wife, who's also in CA, to be added to a bank account in another state (AL) ? Her parents passed away and the siblings are sorting out the estate.

National Notary Association

20 Oct 2017

Hello. California prohibits Notaries from notarizing if they have a direct beneficial or financial interest in the document. (GC 8224) If you would receive a financial or other benefit from your wife being added to this bank account, you should not perform the notarization.

Susan M Miller

04 Dec 2017

Can I notarize documents for my mom if I am here health care proxy and she is not able to sign.

National Notary Association

04 Dec 2017

Hello Susan. If you are signing documents on behalf of your mother, you may not notarize those documents because Notaries are not permitted to notarize their own signatures. You would need to find another Notary to notarize your signature.

Luz Santiago

04 Dec 2017

Is it legal for the State of Arizona to notarize for family? I have always turned down family because I'm unsure. Thank you.

National Notary Association

04 Dec 2017

Hello. Arizona Notaries may not notarize the signatures of any person who is related to the notary by marriage or adoption. While it is permitted to notarize for other family members not related by marriage or adoption, state officials have recommended against notarizing for close relatives due to possible appearance of bias by the Notary.

Ken Dobos

05 Dec 2017

What is the Ohio Law on notarizing for relatives? Thank you.

National Notary Association

05 Dec 2017

Hello. The following is from "A Handbook And Notarial Journal For Notaries Public" published by the Franklin County Common Pleas Court and Columbus Bar Association: “A notary cannot take the acknowledgment to an instrument in which the notary has an interest, for example, a deed of real estate either to or from the notary. A notary may take the acknowledgment of a relative, even a wife or husband, if the notary has no interest in the transaction” (p. 13).

Christina Thompson

05 Dec 2017

So... I am in CA. The wife of my brother-in-law has a son just died... banks will require a notarized statement from her because she is the next of kin. He has very little money ($2,500 Or less)..no job, no inheritance, etc, etc. Can I notarize that statement from her?

National Notary Association

08 Dec 2017

Hello. Yes, you may notarize the document provided that you have no direct financial or beneficial interest in the transaction (for example, being named as a party in the document being notarized.)

patricia moppin

07 Dec 2017

can I notarize papers for immediate family members in Missouri.

National Notary Association

08 Dec 2017

Hello. Missouri does not prohibit notarizing for family members, but state officials advise against doing so. From the Missouri Notary Public Handbook: “Missouri law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness to the signing of the document. The Office of Secretary of State suggests that a notary not notarize documents for a spouse, parent, grandparent, brother, sister, niece, nephew, aunt, uncle, child or grandchild."

Theresa

11 Dec 2017

As long as you don't benefit from notarizing their papers you should be good. My state MS only say that.

Wanda M Lemke

28 Jan 2018

What yr did the Texas law that notorizing for a family member is legal come into effect.

National Notary Association

30 Jan 2018

Hello. Information about notarizing for relatives in Texas comes from the TX Secretary of State's website here: http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np11

Donna Draper

29 Jan 2018

I am a notary I have lost my rule book, I need to know if I can marry my grandson and his girlfriend what are the rules in Maine

National Notary Association

30 Jan 2018

Hello. Maine Notaries are authorized to perform weddings. You can find information on pages 15-18 of the Maine Notary Public Handbook and Resource Guide online at: http://www.maine.gov/sos/cec/notary/notaryguide.pdf

Jocelyn

01 Feb 2018

May i notarize proof of residency for my daughter who is moving with us?

Jocelyn

01 Feb 2018

Hello Jocelyn. To help us answer your question can you please tell us what state you are commissioned in?

Amanda Eisenschenk

05 Feb 2018

if me husband's name is in the document but he isn't the one signing, is that against ND state law for me to notarize this paperwork? thanks

National Notary Association

07 Feb 2018

Hello. A North Dakota Notary may not notarize if the name of the Notary's spouse appears on the document.

Denise Rogers

14 Feb 2018

Hello, I am a real estate agent in PA and am needing to get together a deed package for my 89 year old client who is unable to attend settlement. Can his step-daughter notarize the necessary signatures? I assume there would be a benefit in the will at some point with the sale of his home, but should I be sure of that? It would make it so much easier for him for her to come to his place! Thank you for your time.

National Notary Association

14 Feb 2018

Hello. No, the signer must be physically present before the Notary. A relative cannot appear in place of the absent signer.

HWhite@duanemorris.com

19 Mar 2018

Can I notarize my mother in law's name change in PA

National Notary Association

19 Mar 2018

Hello. Yes, as long as you do not have a direct or pecuniary interest in the document.

Rebecca

02 Apr 2018

Hello. My father-in-law is a realtor in Florida. Could he use me as a mobile notary for his clients, if I didn't benefit other than typical fees paid by his clients for the service?

National Notary Association

03 Apr 2018

Hello. Florida Notaries may not notarize the signatures of their own spouses, sons, daughters, mothers or fathers (FS 117.107[11]).

Dolores

20 Apr 2018

I live in NY can I notarize for my mother in law ? I do not benefit from what I am notarizing

National Notary Association

23 Apr 2018

Hello. New York does not prohibit Notaries notarizing for relatives. As long as you do not have a direct financial or beneficial interest in the document, you may notarize it.

Bobbi

13 May 2018

I live in Indiana and my child is in school in Tennessee, she is getting a part time job there and needs a document signed and notarized claiming declaration of citizenship. She has her Indiana address but document comes from the state of Tennessee. Can I notarizes this for her? She didn't change her license to Tennessee. Or does she need a Tennessee notary? She is in school there.

National Notary Association

15 May 2018

Hello. While not prohibited by law, the state of Indiana strongly discourages Notaries from notarizing documents for family members due to the risk of the Notary's impartiality being compromised.

Lisa

13 Jun 2018

Is it legal in Texas for a son to notarized a statement for his father?

National Notary Association

18 Jun 2018

Hello. Texas does not disqualify you from notarizing if the signer is a relative. However, if the statement would benefit you in some way, or if you are named in the document, another Notary should perform the notarization instead.

Greg

15 Jun 2018

I'm a Virginia notary. I'd like to notarize a document for my spouse. The document is a parent's permission/acknowledgement form for my 2 kids to go to summer camp. Obviously, there is not direct/indirect benefit to me...it is simply notarized to ensure the actual parent has given permission. VA notary law talks about notaries can't notarize a relative's document...but in the same sentence it seems to expound upon the spirit/intent of not notarizing relatives documents is to ensure there's no conflict of interest. If I don't benefit from notarizing a camp permission form, it seems to me that I am meeting the intent of the 'relative' rule if I notarize under that interpretation. Am I wrong?

National Notary Association

18 Jun 2018

Hello. We're sorry, but Virginia Notary law explicitly prohibits Notaries from notarizing any document to which the Notary or the Notary's spouse is a party to. The only exception that a Notary is not disqualfied solely for being named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary. Virginia law says that a Notary who violates this provision is guilty of official misconduct (COV 47.1-30).

Kristi

18 Jun 2018

Hello! I'm in Colorado. Wondering if it is okay to notarize my brother's divorce settlement papers. His ex-wife requested I do it. I have no gain in the matter, obviously. It's amicable. Just curious. I know we are permitted to notarize for relatives here, but figured I'd ask! Thanks!

National Notary Association

18 Jun 2018

Hi Kristi. You are correct that Colorado does not prohibit notarizing for relatives. However, the Secretary of State's website does caution that if the document is questioned in the future, it may be looked at more closely since you are a relative of the signer. The Secretary of State's office suggests on its website in order to avoid questions about your impartiality as a notary as well as possible accusations of undue influence, it is always safest for a signer to find a notary that he or she is not related to instead.

Ray

01 Jul 2018

My ex wife divorced. And she got her sister to notarize everything my house and belongings. Is this legal. In texas

National Notary Association

02 Jul 2018

Hello. Any legal questions regarding a divorce would need to be answered by a qualified attorney.

LaShawn

11 Jul 2018

Is it legal in California to notarize my mother's health care directive? I would be the one carrying out her wishes.

National Notary Association

11 Jul 2018

Hello. California Notaries are not permitted to notarize if the Notary has a direct financial or beneficial interest in a transaction (GC 8224). Since you would receive the authority to make decisions for your mother's healthcare, you would have an interest in the transaction and should not be the one to notarize your mother's signature.

LT Corrigan

12 Jul 2018

Can a mother who is a notary, notarize a Minor power of attorney for her own child? There is no benefit from it other than giving another family guardian ship during the parents travel.

National Notary Association

13 Jul 2018

Hello. Since different states have different rules regarding notarizing for family members, can you please tell us what state you are commissioned in?

Sally

13 Jul 2018

Can I notarize a document for my son? It’s related to his purchasing property. I am a West Virginia notary.

National Notary Association

16 Jul 2018

Hello. The West Virginia Notary Handbook says that Notaries may not notarize papers for members of immediate family if you could receive money or property interest from the transaction. In order to avoid possible conflict of interest, you should find another unrelated Notary for the transaction.

Janice

16 Aug 2018

My husband and I will take temporary Guardianship of my grandson and move him from NY to North Carolina to live with us. can I sign my husband’s name and get it notarized in NY to take to NC? Or does he have to sign and notarize his signature in NC where he is now?

National Notary Association

16 Aug 2018

Hello. Notaries may not notarize a signature if the signer does not personally appear and present proof of identity. If your husband wishes to have his signature notarized on a document, he would need to appear in person before a Notary in the state he is located in.

Rhonda

26 Sep 2018

My husband died can I sign his name on a motorized document in his name I’m a beneficiary

National Notary Association

28 Sep 2018

Hello. No, it is not permissible for someone else to sign a deceased person's name on a document after their death.

David

07 Oct 2018

Can I notarize my wife’s signature in New Jersey. No financial benefit. This just allows her to get senior citizen status.

National Notary Association

08 Oct 2018

Hello. Unfortunately, New Jersey does not provide specific guidelines regarding notarizing for spouses. The New Jersey Notary Public Manual states, "Notaries should refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee." If you are unsure whether or not you may be considered to have a disqualifying interest, our recommendation is to err on the side of caution and have another Notary with no connection to the signer or document perform the notarization instead just to be safe.

David

09 Oct 2018

Can I notarize my wife’s signature in New Jersey. No financial benefit. This just allows her to get senior citizen status.

National Notary Association

10 Oct 2018

Hello. New Jersey does not specifically prohibit Notaries from notarizing for a spouse. The New Jersey Notary Public Manual says, “Notaries should refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee.”

Michelle McIntyre

10 Oct 2018

Can I notarize my daughter’s signature if she was acting in the capacity of a process server in MI?

National Notary Association

10 Oct 2018

Hello. No, Michigan Notaries may not notarize for their children: “A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendant, or sibling including in-laws, steps, or half-relatives” (MCL 55.291[8]).

Al

11 Oct 2018

Can my spouse notarize a Dept Motor Vehicle request for a duplicate title for a motorcycle I own. We both live in Pennsylvania. I am not selling it.

National Notary Association

11 Oct 2018

Hello. No, your spouse cannot notarize your document: "A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[b][1]).

Dave

19 Oct 2018

I am a Notary in the state of Maine. My brother owns his business and needs to have a lien waiver for a client notarized. Can I notarized this? I have no stake or ownership in the company.

National Notary Association

19 Oct 2018

Hello. No, Maine Notaries are not permitted to notarize documents for their siblings.though they may solemnize marriages for family members (4 MRSA 954-A).

Karen K

25 Oct 2018

Ohio I looked up my state laws. Can I notarize for Husband, parents, children? ie car titles, advanced directives, mortgage, deeds, etc. As long as I do not benefit from it.

National Notary Association

25 Oct 2018

“A notary cannot take the acknowledgment to an instrument in which the notary has an interest, for example, a deed of real estate either to or from the notary. A notary may take the acknowledgment of a relative, even a wife or husband, if the notary has no interest in the transaction” ("A Handbook for Notaries Public" published by the Franklin County Common Pleas Court and Columbus Bar Association, p. 13).

Legrand T

27 Oct 2018

In SC can a notary public sign a marriage certificate for a step child?

National Notary Association

31 Oct 2018

Hello. There is no prohibition in South Carolina against officiating a wedding or performing a notarization for a stepchild. However, a South Carolina Notary may not notarize if the Notary is named in the document, signs the document or would benefit from the document. Also, South Carolina Notaries may not certify copies of marriage certificates.

Dustin lorow

13 Nov 2018

Can my notery noterize her husband fore my concealed carry permit in ny

National Notary Association

14 Nov 2018

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Katee

15 Nov 2018

Can I notarize a passport application for my niece. She is 14 so I am really notarizing my brother and SIL signature. I am in WA state. I do not see that it is against WA state law and it has no financial benefit to me.

National Notary Association

16 Nov 2018

Hello. Washington Notaries may not notarize for the Notary's spouse or domestic partner and may not notarize if their spouse/domestic partner has an interest in the transaction. They may notarize for family members outside of their spouse or domestic partner, so long as the Notary or the Notary's spouse/domestic partner do not have a direct beneficial interest in the notarization.

Katie L

28 Nov 2018

Hello, I live in PA and work for my mother-in-law, my husband also works for the business (he is the president). Can I notarize business paperwork for them? Most are waiver of liens and AIA applications. I am the bookkeeper for the business. Thanks

National Notary Association

29 Nov 2018

Hello. A Pennsylvania Notary may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest (57 Pa.C.S. 304[b][1]).

Uriah

01 Dec 2018

I live in Washington state and my grandma is in poor health and would like to sign a DNR, and would like to sign over any medical decisions to my mother, can I notarized those documents?

National Notary Association

03 Dec 2018

Hello. Washington Notaries are prohibited from notarizing for the Notary's spouse or domestic partner. (RCW 42.45.020[2]) They may notarize for other relatives provided the Notary and/or the Notary's spouse or domestic partner do not have a direct beneficial interest in the notarization. If you are unsure whether or not the document may be questioned if you notarize in this situation, the safest course is to have an uninvolved Notary who is not related to the signers perform the notarization instead.

Toni

03 Dec 2018

Does the state of Tennessee prohibit notarizing for relatives

National Notary Association

03 Dec 2018

Hello. An opinion issued by the TN Attorney General's office (Opinion 10-97, issued September 13, 2010), says: “It is the opinion of this Office that a notary public is prohibited from notarizing his or her spouse’s signature because of the requirement that notaries discharge the duties of office ‘without favor or partiality.’ Tenn. Code Ann. Sec. 8-16-105. The spousal relationship prevents the notary public from being impartial in the matter. The notarization of a spouse’s signature would not, however, be void per se, but it would be voidable upon evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship.”

Cristina Poo

03 Dec 2018

I'm in Florida. Can I notarize for my Brother and Sister?

National Notary Association

03 Dec 2018

Hello. A Florida Notary may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the Notary (FS 117.107[11]). However, Florida Notaries may perform wedding ceremonies for relatives.

Brenda McAllister

03 Dec 2018

Can I notarize the document my daughter signs to take my grandson out of state?

National Notary Association

03 Dec 2018

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Renee Barker

04 Dec 2018

I am a CA notary. My daughter and son in law did IVF in clinic A and there is 1 fertilized egg left. They have changed to clinic B to start IVF because of failure in clinic A. In order to transfer fertilized egg from clinic A to clinic B a release must be notarized by both of them. Can I do the notary as their mother.?

National Notary Association

05 Dec 2018

Hello. The CA Secretary of State's Office provides the following guidelines for notarizing for relatives in its 2018 Notary Public Handbook: "A notary public may notarize documents for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner. A notary public would have a direct financial or beneficial interest to a transaction in the following situations (Government Code section 8224): • If a notary public is named, individually, as a principal to a financial transaction. • If a notary public is named, individually, as any of the following to a real property transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee. A notary public would not have a direct financial or beneficial interest in a transaction if a notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow holder, or lender for a person having a direct financial or beneficial interest in the transaction. If in doubt as to whether or not to notarize, the notary public should seek the advice of an attorney."

Tiffiane

12 Dec 2018

Can I notarized my sister in laws revised divorce papers?

Tiffiane

13 Dec 2018

Hello. To help us answer your question can you please tell us what state you are commissioned in?

Susan

22 Dec 2018

In the state of OK can I notarize for my niece?

National Notary Association

27 Dec 2018

Hi Susan. The Oklahoma Secretary of State's website says the following about notarizing for relatives: “The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness.”

Christina

07 Jan 2019

Hi, I have a son who’s 6 years old. I and my sisters have raised my son. My sister do have the right to signature, taking him to school, doctor or anywhere. Also my sister is my liability for me and my child. Is there possibly I can get notarizing for my sister and my son or my sister can notarizing us? Also will this help if my son father trying to take him back too? He haven’t seen him two years. Thanks.

National Notary Association

07 Jan 2019

Hello. We're sorry, but we can't answer any questions about legal issues relating to custody of a child. You would need to speak with a qualified attorney for advice with any legal matters.

Chris S

07 Jan 2019

Hello, question about a quit claim deed for state of Mass. If I signed a quit claim deed for the property my husband and I owned during our divorce.( he lives on the property, I moved) can his sister notarize the deed? Or would this be invalid in Mass? Thanks

National Notary Association

07 Jan 2019

Hello. In Massachusetts, a Notary is disqualified from notarizing the signatures of a sibling or sibling-in-law of the signer. The only exception is if the signer is witnessing a will or other legal document prepared by a Notary public who also an attorney licensed in Massachusetts (GL 222 Sec. 16[a][vii]).

Helen T

14 Jan 2019

Can I notarize for my husband in Maryland?

National Notary Association

14 Jan 2019

Hello. The Handbook for Maryland Notaries Public Notaries says, "... to minimize personal involvement, notaries should refrain from performing official acts for members of their immediate families, even though not ordinarily under a legal duty to refrain” (HNP).

Elisha

16 Jan 2019

Can my sister notarize my divorce forms in the state of Florida? We are half sisters and she has no relation to this case at all.

National Notary Association

16 Jan 2019

Hello. While Florida Notaries may not notarize for their spouses, sons, daughters, mothers, or fathers, notarizing for siblings is permitted as long as the Notary has no financial interest in the transaction and is not a party to the transaction. (FS 117.107[12] and FS 117.107[11])

Laura

20 Jan 2019

In PA, can I notarize for my father who is receiving a government appointed position? I would be notarizing the oath.

National Notary Association

22 Jan 2019

Hello. As long as you do not have a direct or pecuniary interest in the transaction, you may perform the notarization.

Elizabeth Rodriguez

30 Jan 2019

Hi, I'm In CA, And my mothers' Identification Documents were lost/Stolen. She needs a notarized letter can I notarize it for her to continue the process of getting all her Docs again?, or shall I find another notary for her? I won't be a witness but my stepfather would be her witness.

National Notary Association

30 Jan 2019

Hello. A California Notary may notarize for relatives unless doing so would provide a direct financial or beneficial interest to the Notary. If you are unsure whether or not you would have an interest in the document, the safest course would be to have a Notary who is not related to your mother perform the notarization.

John

19 Feb 2019

My dad and I signed a document can his wife be the notary for that document? Minnesota

National Notary Association

20 Feb 2019

Hello. Not if the wife is named in the document or would receive a direct beneficial interest from the document.

Barbara Collazo

07 Mar 2019

Can I notarized for my ex son in law for paperwork to authorized my granddaughter to get a passport

National Notary Association

07 Mar 2019

Hello Barbara. To help us answer your question, can you please tell us what state you are commissioned in?

Taini Torres

18 Mar 2019

Can I notarize my boyfriends paperwork that allows the mother to travel out of the country with her since there is no benefit for either one of us? We are located in Florida.

National Notary Association

20 Mar 2019

Hello. You may notarize as long as you do not have a financial interest in the document and are not a party to the underlying transaction. However, you may not notarize for any signer who is related to you as your spouse, son, daughter, mother, or father.

Charlotte Barbo

10 Apr 2019

I am a notary. My husband is a church pastor. We are in Ohio. He needs to sign a document along with one of the church elders and have their signatures notarized. It is a document for the youth of our church who are going on a mission trip. Can I notarize this?

National Notary Association

11 Apr 2019

Hello. Yes, provided that you are not named in the document and have no interest or benefit in the document. “A notary cannot take the acknowledgment to an instrument in which the notary has an interest, for example, a deed of real estate either to or from the notary. A notary may take the acknowledgment of a relative, even a wife or husband, if the notary has no interest in the transaction” (HNP, p. 13).

Kristen Zdanavage

28 May 2019

In Pa, can I notarize my daughters form to allow her husband to apply for a passport for their child?

National Notary Association

30 May 2019

Hello. Yes, as long as you do not have a direct interest (such as being named in the document) or financial interest in the document.

Elizabeth Mel

09 Jul 2019

can I notarize my boyfriend police application I gain nothing from this, state in Florida

National Notary Association

22 Jul 2019

Hello. Yes, provided you do not have a a financial interest in the document and are not a party to the underlying transaction.

Melissa H.

29 Jul 2019

As a Florida notary; can I sign for my Father’s ex-wife?

National Notary Association

30 Jul 2019

Hello. You may notarize the signature of your father's ex-wife as long as you are not named in or have a beneficial interest in the document.

Keith Evans

30 Jul 2019

I live in Nort Carolina and was told i can notorize a car title for my wife but its not the best thing to do

AMANDA WENSEL

04 Sep 2019

I am in Pennsylvania. My father wants to have a family meeting to discuss his wishes after he passes. I wish to receive nothing after his passing, but hoping to notarize paperwork on his behalf to lower the chance of arguments between other siblings. Am I able to notarize for him?

National Notary Association

06 Sep 2019

Hello. “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[b][1]). As this involves your father's estate, we recommend that you find an uninvolved Notary to perform notarizations for your father in order to prevent possible future claims of improper bias on your part.

Matthew

06 Sep 2019

In CA. My mother in law wants to make my wife power of attorney solely to sign her loan documents on a refi. Can I notarize the document for my mother in law. Neither my wife or my self have interest in the property

National Notary Association

10 Sep 2019

Hello. California prohibits notarizing if the Notary has a direct financial or beneficial interest in the transaction. Since your spouse would be receiving the benefit of this power of attorney and it is not 100 percent clear from your description whether or not you could also benefit from this, we would strongly recommend finding an unrelated Notary instead to avoid any possible questions of improper bias.

Sharise

12 Sep 2019

I'm in NC, would I be able to notarize my sister's name change documents for the DMV?

National Notary Association

12 Sep 2019

Hello. Yes, provided you are not named in the documents and will not receive a financial benefit or other benefit from the document.

Jane

07 Oct 2019

My Grandmother wants me to notarize her testament where she wants to have my father and his siblings in her will. I am not a beneficiary but seeing how it's my father and my grandmother I don't know if it's OK for me to accept or it would seem as if I have an interest in this even though I wouldn't be in my Grandmother's will. I am a Notary Public in California.

National Notary Association

08 Oct 2019

Hello. In situations where you are not 100 percent clear whether you have a disqualifying interest or not, we strongly recommend finding an uninvolved Notary to perform the notarization instead.

Pamela Plimpton

08 Oct 2019

I'm in the state of South Dakota. Can I notarize a bill of sale for my mother-in-law? I have checked in the handbook & don't see anything specific to say it is not allowed, but want to be sure we are not breaking any rules.

National Notary Association

08 Oct 2019

From the South Dakota Notary Public Handbook: "While it is not illegal for a notary to take a relative’s affidavit, it is not advisable to do so. If the subject matter is something that would benefit the notary or a relative, it is not considered a good business practice. Still (it) is not illegal for a notary to witness the signatures of close friends and relatives. There are, however, federal and state courts which do have special rules governing the taking of depositions for use in court."

Tiffany

09 Oct 2019

I’m in the state of Florida. Can I notarize a document for my cousin

National Notary Association

10 Oct 2019

Hello. Florida Notaries are not prohibited from notarization for cousins, though the Notary may not notarize for the Notary's own spouse, son, daughter, mother, or father. You also may not notarize if you have a financial interest or are a party to the transaction.

Judah Guerrero

12 Oct 2019

I'm currently living in Texas, and have filed a small estate affidavit, my question is: I have family in California that can't be here presently to sign notery here in Texas. What I do have to do in order to get their signatures? Do they have to contact their notary office located in California? Would it matter if the papers they bring to be notarized says "Notary Public, State of Texas"? Do we need to make new forms in order to get it signed in California? Or does the Notary in the jurisdiction of Texas can be applied in California if it's the same party involved? I'm so confused.

National Notary Association

14 Oct 2019

Hello. You would need to speak to an attorney to request instructions for how your family needs to complete the form.

Andreea BORUTA

03 Nov 2019

For NYS, Can I notarize my father in law form stating that he is still alive? (For retirement porposes) I get no benefit. Thank you!

National Notary Association

04 Nov 2019

Hello. Can you tell us more about what type of notarization you are being asked to perform? For example, are you being asked to notarize your father's signature, or do you have to directly certify he is alive in your capacity as a Notary Public?

sydney

24 Nov 2019

hello, my aunt wants me to notarize documents that make her the power of attorney for my great grandmother. I am in California and I will receive no benefit, am I able to notarize the document?

National Notary Association

26 Nov 2019

Hello. You may notarize as long as you have no direct financial or beneficial interest. However, if you are concerned the document may be later be challenged because of your family relationship with the signer, the safest recommended course is to have the signature notarized by a Notary who is not related to the signer and has no interest in the transaction.

Elisabeth

25 Nov 2019

Hi! Can I notarize something for my sister-in-law in Florida? Thank you!

National Notary Association

26 Nov 2019

Hello. Yes, provided that you are not a party to the document or will receive a benefit from the document.

Sai Ping Bajinting

04 Feb 2020

Hello, I’m a Notary Public in Hawaii. Can I notarize something for my mom who’s a Canadian? Please advise. Tks!!

National Notary Association

06 Feb 2020

Hello. If you have an interest or are named in the document, have signed the document or the document would otherwise affect your personal affairs, then you may not notarize.

Lisa King

10 Feb 2020

As a notary I can perform Marriage ceremony's can I perform My Son's

National Notary Association

12 Feb 2020

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Sharyn Snyder

12 Feb 2020

In the State of FL, can I notarize something for my ex-Husband?

National Notary Association

14 Feb 2020

Hello. Florida prohibits notarizing signatures of spouses, sons, daughters, mothers or fathers, but allows Notaries to conduct weddings for relatives.

Day

29 Feb 2020

I am a US citizen who resides in Italy. I am selling a property in Illinois. The real estate agent needs me to sign the deed to the property and have my signature notarized. US Consulates abroad provide this service but by appointment only. The first appointment available at the US Consulate in Milan is March 18. The fist appointment available in Rome (360 miles from me!) is March 12. The closing date for the sale is March 15. Is it possible to do remote notarisation by webcam? Is this recognised in the state of Illinois?

National Notary Association

04 Mar 2020

Hello. Notaries in Illinois are not authorized to perform remote online notarizations.

Tyler Sides

14 Apr 2020

My grandfather passed away and my mother wishes for me to notarize a document pertaining to him. I have no direct or indirect benefit from notarizing, but am I legally allowed to notarize documents associated with my deceased grandfather who shares my last name? I live in Maryland

National Notary Association

15 Apr 2020

Hello. The Handbook for Maryland Notaries Public recommends, "... to minimize personal involvement, notaries should refrain from performing official acts for members of their immediate families, even though not ordinarily under a legal duty to refrain."

Laya

15 Apr 2020

My husband and I are submitting a birth certificate request for our newborn here in CA. The form requires a notarizafion plus stamp. Am I allowed to notarize this? I don’t have any financial benefit from this. Thank you!!

National Notary Association

15 Apr 2020

Hello. If you are a party to the document, (for example, are named in the document or signing it) then you should not notarize any signatures on it.

Laya

15 Apr 2020

My husband and I are submitting a birth certificate request for our newborn here in CA. The form requires a notarizafion plus stamp. Am I allowed to notarize this? I don’t have any financial benefit from this. Thank you!!

National Notary Association

17 Apr 2020

Hello. If you are named in or signing the document, you should not perform the notarization. If you have any questions about possible disqualifying interest, it is always better to ask an uninvolved Notary to perform the notarization instead.

Pam Wiley Hollingsworth

24 May 2020

Can one notarize a legal document for her ex-brother in law?

National Notary Association

27 May 2020

Hello. To help us answer your question can you please tell us what state you are commissioned in?

Vicki Hughes

25 May 2020

I'm a NJ notary. May I notarize a power of attorney for my EX husband. He is naming our daughter as agent and I have no financial interest.

National Notary Association

27 May 2020

Hello. New Jersey Notaries are not specifically prohibited from notarizing for relatives or ex-relatives. However, New Jersey Notaries may not notarize if the Notary has a personal interest in the document. If there is uncertainty whether or not you may have a personal interest, the safest course is to have an uninvolved Notary perform the notarization instead.

Teresa Pimentel

26 May 2020

As a Washington State Notary, can I notarize a Marriage License for my son and future Daughter In Law?

National Notary Association

27 May 2020

Hello. While Washington Notaries are not allowed to notarize the signature of their spouses or domestic partners, you may notarize the signatures of other family members as long as you and your spouse/domestic partner do not have a beneficial interest in the document. However, please note that Washington state does not authorize its Notaries to officiate weddings in their official capacity as a Notary Public.

Leah

27 May 2020

Hello, may I notarize a document for my husband’s boss? My husband is mentioned in the document but he is not the signer on the document. This is in Florida. Thank you.

National Notary Association

27 May 2020

Hello. While Florida Notary law does not prohibit you from notarizing for your spouse's boss, if there are any concerns that your impartiality could be challenged due to your spouse being named in the document, the safest course would be to have a different Notary with no ties to parties named in the document notarize the signature instead.

Nicole Ducat

06 Jun 2020

If I wrote a statement regarding a ongoing case I am currently dealing with on regular notebook paper and have it notarized would it be an accepted document?

National Notary Association

08 Jun 2020

Hello. That is a legal question that would require a qualified attorney to answer.

Nicole

02 Jul 2020

For CT Laws, could my grandmother notarize something for me? It's hard to find this specific info online. thanks

National Notary Association

02 Jul 2020

Hello. The following is from the state Notary Public Manual: "A notary can notarize documents for family members. However, a notary should refrain from performing a notarial act for a family member if the notary cannot perform his/her duties impartially, as this would constitute a conflict of interest. Additionally, a notary is disqualified from performing a notarial act for family members if s/he is also a signatory of the document or has a direct material, financial, personal interest in the document to be signed."

Tyler

30 Jul 2020

Hi there, can I notarize a bill of sale/purchase agreement for my brother who is selling a vehicle?

National Notary Association

31 Jul 2020

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Jackie

01 Aug 2020

My boyfriend wants to sign a contract handing over the rights or a logo with the creator. Can I notarize the document I live in Pennsylvania

National Notary Association

03 Aug 2020

“A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[a][1]).

Hari Iyer

14 Aug 2020

I live in California. I have life insurance, I am the husband. The insurance policy is under my name only. I want my wife to be added as a beneficiary. The insurance company sent me a form for a notary to sign. Can I notarize that document since I am also a notary. Just to add, I will have no financial interest, since if I passed away, then the benefits accrue to my wife. I saw your explanations on various situations. Wanted to ask.

National Notary Association

17 Aug 2020

Hello. No, since you are a party to the transaction, you may not notarize the document. “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: (a) With respect to a financial transaction, is named, individually, as a principal to the transaction." (California GC 8224)

Lonna Hildreth

23 Aug 2020

Can I notarize my granddaughter's divorce complaint in TN if I am also her attorney for her divorce?

National Notary Association

24 Aug 2020

Opinion No. 10-97 (September 13, 2010) of the Tennessee Attorney General states with respect to Notaries taking acknowledgments: “The Tennessee Supreme Court has recognized that it is unwise and contrary to public policy for any officer to take an acknowledgment to any instrument to which he is a party, or in which he is interested directly or indirectly. In either event the officer should be disinterested and entirely impartial, as between the parties…. Acknowledgments before parties related or interested are voidable, but not ipso facto void; and, while such acknowledgments will not per se be declared void, still they are open to attack, and the court will lend a ready ear to evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship or interest in the officer taking the acknowledgment.”

Zack Marco

22 Sep 2020

Michigan notary, may I notarize a document for my mother-in-law?

National Notary Association

22 Sep 2020

Hello. In Michigan, “A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendent, or sibling including in-laws, steps, or half-relatives” (MCL 55.291[8]). A “lineal ancestor” is an individual in the direct line of ascent, including but not limited to a parent or grandparent; a “lineal descendant” is an individual who is in the direct line of descent, including but not limited to a child or grandchild (MCL 55.265).

Dale Hall

10 Oct 2020

Under Illinois law, can a notary sign a stock transfer if she is one of two beneficiaries? If not and was done already, does that make the stock transfer invalid? Thank You

National Notary Association

12 Oct 2020

“A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]). “A notary public may not notarize his or her own signature and may not notarize any document in which the notary’s name appears as a party to the transaction” (NPH). “You may never notarize your own signature, whether you are signing for yourself or for a corporation” (NPH).

Thomas Bates

06 Nov 2020

I live in Oregon. Can my girlfriend notarize power of attorney forms for my car dealership?

National Notary Association

10 Nov 2020

“A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either the officer or the officer’s spouse has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (ORS 194.225). “A notary public cannot notarize his or her own signature or the signature of their spouse. A notary public must be an impartial witness. The law doesn’t forbid notaries from notarizing the signatures of relatives, yet doing so isn’t a good practice. If the document were ever taken to court, a judge might determine that the notary public was not impartial or had influenced a relative in the signing of the document – ORS 194.225” (NPG).

Shelly Nieman

03 Dec 2020

I am a notary in Minnesota can I sign a affidavit for certificate of exemption for my son?

National Notary Association

04 Dec 2020

Hello. The MN Secretary of State's website (https://www.sos.state.mn.us/notary-apostille/notary-help/notary-faq/) provides the following guidelines: Can I notarize for a family member? Minnesota Statutes 358.54, Subd. 2 states a notarial officer may not perform a notarial act with respect to a record to which the officer's spouse is a party, in which either of them has a direct interest. A notarial act performed in violation of this sub division is voidable. Notaries who do so in many instances will violate this statute prohibiting a direct beneficial interest. For instance, if a Notary is asked to witness her husband's signature on a loan document for the purchase of a home they will share, she will directly benefit from the transaction and should disqualify herself. The likelihood of a direct beneficial interest is usually greater with immediate family members - spouse, mother, father, son, daughter, sister or brother - than with non-immediate, such as in-laws, cousins, nieces, nephews, aunts and uncles. The matter of interest in an inheritance is more often a consideration with lineal descendants (children, grandchildren, etc.) and ascendants (parent, grandparents, etc.) than with nonlinear relatives. A Notary that will have no beneficial interest in notarizing for a relative and will not be prevented by law from doing so. However, to avoid later questioning of the Notary's impartiality, as well as accusations of undue influence, it is always safest for a signer to find a Notary who is not related.

Tre

14 Dec 2020

Im from Washington DC, my uncle is older and experiencing mental issues my mother needs power of attorney to put him in an assisted living home. Should I notarize the POA application??

National Notary Association

15 Dec 2020

Hello. “A notarial officer shall not perform a notarial act if: … “(2) The notarial officer or the officer’s spouse is a party to the record; or “(3) The notarial officer or the officer’s spouse has a direct beneficial interest in the record” (CDC 1-1231.3[b]). A notarial act that violates these provisions is voidable (CDC 1-1231.3[c]). “It is also recommended that a notary not perform a notarial act for any members of the immediate family as this can be construed as a conflict of interest” (District of Columbia's Notary Public Handbook).

RANDI WARBASSE

14 Dec 2020

I'm in AZ and didn't get very far with the agency here other than what was stated in your article of personal gain. I am divorced from my ex husband for 25 years now and his parents are in their late 80's sand need a few forms notarized for unclaimed property. I would for obvious reasons not benefit from any of this money if they can prove their claim, but my sons may by a very small chance. Can I notarize for them or should I call for a mobile notary? Thank you for any assistance on this.

National Notary Association

15 Dec 2020

Hello. In situations where state Notary law does not address the issue of notarizing for a relative, The Notary Public Code of Professional Responsibility Article II-B-5 recommends, "The Notary shall not perform a notarial act on a document in which a known family member related by blood, marriage, or adoption in any degree of lineage is an interested party."

Greg

06 Jan 2021

Can a relative who is a Notary Public (New York State) notarize a signature to allow direct deposit through the applicants employer? The Notary Public’s name does not appear on the direct deposit authorization and the account that the funds will be deposited into is solely owned by the employee. The notary type requested is an acknowledgement.

National Notary Association

08 Jan 2021

Hello. New York does not address disqualifying interest for notarizing for relatives. The state's Notary Public License Law publication says the following: “If the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case. For example, a notary who is a grantee or mortgagee in a conveyance or mortgage is disqualified to take the acknowledgment of the grantor or mortgagor; likewise a notary who is a trustee in a deed of trust; and, of course, a notary who is the grantor could not take his own acknowledgment. A notary beneficially interested in the conveyance by way of being secured thereby is not competent to take the acknowledgment of the instrument. In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in and a party to a conveyance or instrument of which it is a part to be a nullity; and that the acknowledgment of an assignment of a mortgage before one of the assignees is a nullity; and that an acknowledgment by one of the incorporators of the other incorporators who signed a certificate was of no legal effect” In situations where state law does not address the issue, Article II-B-5 of the Notary Public Code of Professional Responsibility recommends that Notaries do not notarize documents for relatives.

Kay

08 Jan 2021

Can I notarize court documents for child visitation legal documents for a significant other? We are not married, so not a spouse. I am in MO, he is in AR and child is in LA. If he brings documents to MO can I notarize them? I am not included in any of court documents, no financial benefits to me etc. He just needs a notary to sign and I didn't know if I could or not.

National Notary Association

08 Jan 2021

Hello. Missouri Notary law states, “A notary shall be disqualified from performing a notarial act if the notary… [is] a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives” (RSMo 486.645.3[3]). Given your relationship to the signer, you should not perform the notarization.

LMT

08 Jan 2021

What are the rules in IL for notarizing for family members?

National Notary Association

08 Jan 2021

Hello. “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]). According to the Illinois Notary Public Handbook issued by the Secretary of State, “A notary public may not notarize his or her own signature and may not notarize any document in which the notaryʼs name appears as a party to the transaction. A notary may notarize the signature of his or her spouse, children and other relatives.”

Justin Harris

06 Feb 2021

Hi, we’re currently refinancing our home in Michigan. My grandmother recently had a stroke and she’s not all there anymore. A year ago she created a letter basically stating that her son can sign any documents on her behalf, signed it and had it notarized. Is my uncle able to sign the refinance and title documents on her behalf?

National Notary Association

08 Feb 2021

Hello. We're sorry, but that is a legal question that would need to be answered by a qualified attorney.

Elsie

15 Feb 2021

Hi from NY. Can I notarize lien waivers for my ex husband who is also my boss?

National Notary Association

26 Feb 2021

Hello. New York prohibits Notaries from notarizing documents if the Notary has a direct interest or is a party to the document. If you are unsure if you have an interest in the document, the safest course is to have a different uninvolved Notary perform the notarization instead.

Ian

22 Feb 2021

Hello, I am a notary, and I need to get my daughter a passport. Can I apply my signature and seal for that?

National Notary Association

25 Feb 2021

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Ian

25 Feb 2021

Texas

National Notary Association

26 Feb 2021

Hello. There is no specific prohibition against notarizing a spouse’s or relative’s signature in Texas. However, if you are named in the document or are required to sign the document in a non-Notary capacity, you should not perform the notarization.

Nick Durant

03 Mar 2021

My girlfriend and I are buying a farm on a land contract in Upstate New York, can my mother notarize our signatures on the documents for us ?

National Notary Association

05 Mar 2021

Hello. If a New York Notary is a party to or directly and pecuniarily interested in the transaction, the Notary is not permitted to notarize. If you are uncertain if the Notary has an interest in the transaction, the safest course is to have a different, uninvolved Notary perform the notarization.

Margaret

04 Mar 2021

Can I notarize a divorce petition for my son's father the divorce is between him and another woman? I am notarized in New Jersey the document is from Ohio. I do not gain anything financially from notarizing it.

National Notary Association

05 Mar 2021

Hello. New Jersey does not have a specific prohibition against notarizing for family members or relatives. However, the state advises Notaries to refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee. If you are uncertain, the safest course is to have another, uninvolved Notary perform the notarization instead.

Porsche Brown

09 Mar 2021

Can I notarize a quit claim deed for my spouse business in the state of Georgia? The quit claim deed will be placed in her company name.

National Notary Association

10 Mar 2021

Hello. Georgia Notaries may not notarize if the Notary is a signer of the document, party to the document or party to the transaction related to the notarized document (OCGA 45-17-8[c]). While notarizing for relatives is not specifically prohibited in Georgia, the state recommends against it due to the risk of potential problems if the document is challenged in court.

Laurie

16 Mar 2021

This is a PA question. Am I able to notarize my parents POA, Living Will and Medical POA forms for them? Two of my siblings are named as POA’s. Thank you

National Notary Association

16 Mar 2021

Hello. “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[a][1]). Effective January 1, 2015, Pennsylvania Notaries may not take the acknowledgment of a power of attorney if they are named as an agent in or are a witness to the signing of that power of attorney (20 Pa.C.S. 5601[b][3]). Even if not specifically prohibited by state law, Article II-B-5 of The Notary Public Code of Professional Responsibility recommends against notarizing for relatives to avoid possible questions of bias if the document is later questioned or challenged.

Elisabeth

27 Mar 2021

Can I notarize the letter my sister and BIL signs so that my sister can take their children out of country in vacation? We live in Illinois.

National Notary Association

01 Apr 2021

Hello. Illinois does not prohibit Notaries from notarizing for family members. However, “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]).

Lynne Mays

29 Apr 2021

South Carolina: May I notarize divorce papers for my son and daughter-in-law?

National Notary Association

05 May 2021

Hello. While South Carolina does not have a specific prohibition against notarizing for relatives, you may not notarize if you are a signer of, party to, or beneficiary of the record that is to be notarized (SCC 26-1-90[C][3]). Also, you may not notarize if you will will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration other than your Notary fee (SCC 26-1-90[C][4]).

Jerry Lucas

14 May 2021

Colorado has prohibited notarizing for family members since RULONA became effective on July 1, 2018. See CRS 24-21-504(2) regarding disqualifying interest.

Janine J Isom

02 Jun 2021

Hello can i noterize for my mother & father in laws business in Alabama i am an employee but i do not gain anything from them only my weekly paycheck & i do not benefit from there business but a regular paycheck

National Notary Association

07 Jun 2021

Hello. A 1994 Alabama Attorney General opinion states the following: “(R)esearch does not reveal any law that prohibits a notary public from notarizing a relative’s or spouse’s signature. However, the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so the impartiality of the notary public would not be an issue should the authentication of the document be questioned” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).

Helen Santos

24 Jun 2021

I am in CA, can I notarize escrow documents for a brother-in-law? He sold a piece of property that’s under his name alone. I don’t have any financial gain with this transaction.

National Notary Association

01 Jul 2021

Hello. The California state Notary Public Handbook says, “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner.” However, if you have concerns that your relationship to the signer could potentially cause an issue, the safest course is always to find another Notary who is unrelated to the signer and has no interest in the transaction.

Cookie1443

03 Aug 2021

My sister in law is applying for her sons passport . Her husband can’t go with her . Is it ok if I notarize his document stating he is who he is . I have his passport . My issue is my sister in law is mentioned in the document . And we have the same last name . Will this be in issue ? I’m in NY.

National Notary Association

12 Aug 2021

Hello. You cannot notarize the husband's signature unless the husband appears in person before you during the notarization. New York does not automatically disqualify Notaries from notarizing for relatives. However, according to the state's "Notary Public License Law" publication, a Notary may not notarize if the Notary is a party to or directly and pecuniarily interested in the transaction.

Elizabeth Maya

04 Sep 2021

Can I notarize a document for my Ex husband? I live in South Jersey & he lives in Philadelphia.

National Notary Association

10 Sep 2021

Hello. Just to clarify, do you hold a Notary commission issued in New Jersey, or issued in Pennsylvania?

Diane N.

08 Sep 2021

Can I notorize a motor vehicle renewal for my daughter? It is a duplicate for the one she lost. I live in NJ.

National Notary Association

10 Sep 2021

Hello. New Jersey does not have a specific prohibition against notarizing for relatives. The New Jersey Notary Public Manual says, “Notaries should refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee.” If you are unsure whether or not you have a personal interest in this document (for example, you would have a personal interest if you were named in the document or have some kind of benefit or involvement from the document), the safest course is to have another uninvolved Notary perform the notarization.

Wendy

29 Sep 2021

Hello, Can I notarize a form for my stepdad in the state of Florida? Thank you.

National Notary Association

29 Sep 2021

Hello. In Florida, "A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

Chantelle

07 Oct 2021

Hi, I live in Hawaii. I was wondering, am I allowed to notarize items for my immediate family? Mom, Dad, brother, etc.

National Notary Association

08 Oct 2021

Hello. No, Hawaii prohibits notarizing for family members: “A notary public shall not perform a notarial act with respect to a document to which the notary public or the notary public's spouse or civil partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this section is voidable” (HRS 456-14[b]). “The Notary shall not perform a notarial act on a document in which a known family member related by blood, marriage, or adoption in any degree of lineage is an interested party” (CPR II-B-5).

Cheroke Hart

11 Oct 2021

Can I notarize something for my husband if it doesnt directly benifit me and we dont share the same last name in PA?

National Notary Association

12 Oct 2021

Hello. No, you may not. “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[a][1]).

GS

07 Nov 2021

I live in Illinois. My father has to submit a notarized copy of his passport and an application to the Indian consulate in Chicago. Can I notarize them

National Notary Association

08 Nov 2021

Hello. Illinois Notaries are not authorized to certify copies of documents.

GS

08 Nov 2021

How can fulfill the requirements of getting a notarized copy of the documents

National Notary Association

09 Nov 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

ryan

28 Nov 2021

I am being sued over a breach of contract (signed by me under duress), and the plaintiffs son notarized the contract. does that contract hold water in arizona?

National Notary Association

29 Nov 2021

Hello. We're sorry, but you would need to contact a qualified attorney to answer any legal questions about a lawsuit or a legal document's validity.

Sherry

12 Dec 2021

Can I notarize (State of New York) the signature of my daughter in law on her retirement forms naming her beneficiaries?

National Notary Association

17 Dec 2021

Hello. While New York Notary law does not specifically prohibit Notaries from notarizing for relatives, the state does prohibit notarizing if the Notary is a party to or directly and pecuniarily interested in the transaction ("Notary Public License Law" publication).

MARY R.

15 Dec 2021

In tx ,can I notorize a transfer of home deed to one family member to another?

National Notary Association

17 Dec 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Mary

16 Dec 2021

Hello, I live in NC and work for my father and uncles, . Can I notarize business paperwork for them? Most of them are waiver of liens. Thank you

National Notary Association

17 Dec 2021

Hello. There is no specific prohibition against notarizing for relatives in North Carolina. However, you may not notarize if you are a signer of, party to, or beneficiary of the record that is to be notarized (GS 10B-20[c][5]).

Liz Aguilar

19 Dec 2021

Can I notarize my husband business documents in Fl. He is the only owner.

National Notary Association

28 Dec 2021

Hello. No, Florida Notaries may not notarize signatures of their spouses (FS 117.107[11]).

Joyce Miller

25 Jan 2022

Can my daughter notarize a contract for me in Delaware?

National Notary Association

26 Jan 2022

Hello. While this question is not addressed in state law, the Secretary of State's Notary Public Section webpage recommends against notarizing for relatives (https://notary.delaware.gov/faqs/).

Jesse Weatherford

04 Feb 2022

Hello, I'm in Massachusetts. Can my mother-in-law notarize an illegal immigration reform and enforcement act form for me?

National Notary Association

04 Feb 2022

Hello. No, she may not. “A notary public shall not perform a notarial act if: … “(vii) the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step or half relatives, except if a principal witnesses a will or other legal document prepared by the notary public who is an attorney licensed in the commonwealth” (GL 222, Sec. 16[a][vii]).

a.ramos@mac.com

12 Feb 2022

I am a Texas Notary, my mother is visiting from MA for a while- and in Ma she is a Notary. She just renewed her commission and needs to take the oath for that renewal. Is it possible for her to take that oath before me while in TX or does it need to take place in MA? If in MA only, can they do this remotely?

National Notary Association

22 Mar 2022

No, the oath must be completed in MA by a MA authority.

Jeanine

16 Feb 2022

In NY we will be adding my daughter of legal age to our co-op. We don't gain anything because we are already shareholders of record. In fact, we will lose part of our shares after adding her and redistribution of shares. Can I notarize the form for her requesting to make her a shareholder? Thank you for your help.

National Notary Association

18 Feb 2022

Hello. No. According to the state's "Notary Public License Law" publication: “[I]f the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case."

Carlos N

26 Feb 2022

Hello there, I am in California and my wife is requesting a copy of a birth certificate of our daughter by mail. Can I notarize the form stating that she is authorized as a parent to request for the birth certificate? Thanks for your response.

National Notary Association

28 Feb 2022

Hello. If you are named in the document or signing the document in an individual capacity, then you cannot act as the Notary. “A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public” (GC 8224.1). Also, if you have a direct financial or beneficial interest in the transaction, you cannot act as the Notary (GC 8224.1).

PRivadeneira

12 Mar 2022

Hello, can I notarize a document for my step son’s mom that allows my husband to get his son’s passport so that she doesn’t have to be present at the post office to submit a request for passport?

National Notary Association

14 Mar 2022

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Caaey Bobbitt

20 Mar 2022

My fiance's mom passed, my fiance and his mom purchased land together, He was 1st signer she second and stated she's buying with separate funds than husband so not to be community property and to ensure the father doesn't take land from my fiance. His father filed succession and then he filed a letter from my fiance that he wrote while in a bad spot in life and mentally incompetent right after his mom passed, the moms sister notarized said letter with no witnesses present, can his father legally use this to take land from him?

National Notary Association

21 Mar 2022

Hello. We're sorry, but those are legal questions that would require a qualified attorney to answer.

Nadine

22 Mar 2022

Can a notary assist a client in filling out divorce papers in MA?

National Notary Association

22 Mar 2022

Hello. Massachusetts Notaries who are not attorneys are not authorized to provide legal advice or the practice of law. “A notary public who is not an attorney shall not engage in the practice of law” (GL 222, Sec. 17[d]). “A notary public shall not advise clients, offer legal advice or represent or advertise the notary public as a legal specialist or consultant unless the notary public is an attorney licensed to practice law in the commonwealth. A notary public shall not state or imply in any communication that the notary public can or will obtain special favors from or has special influence with a government agency. A notary public who is not licensed to practice law in the commonwealth shall not make a literal translation of the notary public’s status as “licensed” or as a “notary public” into a language other than English without regard to the true meaning of the word or phrase in that language or use any other term that implies that the notary public is an attorney so licensed, in any document, including an advertisement, stationery, letterhead, business card or other written or broadcast material describing the notary public or the notary public’s services” (GL 222, Sec. 17[a]).

Laura

25 Mar 2022

Can I notarize documents for husband if employed by him?

National Notary Association

30 Mar 2022

Hello. To help us answer your question can you please tell us what state you are commissioned in?

Blancs

28 Mar 2022

My sister and I have a POA for our father. And my question is the following, does my father need to be present to have the POA notarized? My mother passed away last year and she has property in a different country and she and my father also purchased property together. I was told by someone at the Secretary of State that in order to represent my father we would need to have the POA notarized before being able to get an apostille but I failed to ask if my father needed to be present. Thank you in advance for any advice.

National Notary Association

30 Mar 2022

Hello. If your father's signature is being notarized, then he would need to be physically present at the notarization.

Laura

30 Mar 2022

In the state of Arizona Can I notarize documents for husband if employed by him?

National Notary Association

30 Mar 2022

Hello. No: “A notary public is an impartial witness and shall not notarize the notary’s own signature or the signatures of any person who is related to the notary by marriage or adoption” (ARS 41-328.B).

Cynthia

17 Apr 2022

Can my cousin in a small bank notarize my sister and I deed documentation wher my sister took advantage of while ii couldn’t work didn’t get appraisal amount of 2 house and 52 acre of land. Gave me $10000 for it all cause knowing I couldn’t work and needed my only mends of travel fixed to Dr appointments regarding by shoulder.I have a text with her admitting she took advantage of me. Just checking where I can have all my Stuff in line

National Notary Association

19 Apr 2022

Hello. We're sorry, but any legal questions about a dispute over property would need to be answered by a qualified attorney.

Toria

18 Apr 2022

In Michigan, while we cannot sign for a sibling or in-law, are we able to notarize documents for their company?

National Notary Association

19 Apr 2022

Hello. Michigan Notaries cannot notarize the signatures of a spouse, lineal ancestor, lineal descendent, or sibling including in-laws, steps, or half-relatives (MCL 55.291[8]). “A notary public shall not perform any notarial act in connection with a transaction if the notary public has a conflict of interest. As used in this subsection, ‘conflict of interest’ means either or both of the following: “(a) The notary public has a direct financial or beneficial interest, other than the notary public fee, in the transaction. “(b) The notary public is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee or as a party in some other capacity to the transaction” (MCL 55.291[7]).

S. Horton

20 Apr 2022

Hi, I need my sister to become my legal guardian with a notary because of financial reasons. My college doesn't seem to understand that my mom isn't paying 50 percent of income spent on me but rather spent on my grandmother because she needs to be taken care of while my sister takes care of me time to time within my grandmother's house. My mom, Me, my sister, and my grandmother live together. My mom is her own household (tax wise),and my sister files herself as head of household with me as a dependent claiming as sister rather than me as her child since legally I am not her child nor that I am a child (18) but I am going to college so the dependency is binding until I turn 24 (or get married). So is it safe? I live in Tennessee.

National Notary Association

22 Apr 2022

Hello. We're sorry, but those are legal questions we cannot answer. You would need to contact a qualified attorney for legal advice on this matter.

Nikki

24 May 2022

Hi, Can I notarize a Sworn Annual Statement for my domestic partner’s LLC? (State of Guam) Thank you

National Notary Association

02 Jun 2022

Guam does not specifically address notarizing for a domestic partner. The law in Guam states specific relations as follows: § 33302. Disqualifications. A notary is disqualified from performing notarial acts if the notary: (1) Is a signer of or named in the document that is to be notarized; (2) Will receive directly from a transaction connected with the notarial act any commission, fee (except for attorneys), advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in § 33310 of this Chapter; or (3) Is related to the person whose signature is to be notarized as a spouse, sibling, or lineal ascendant or descendant as defined in 15 GCA § 809 of the Estates & Probate Code of Guam.

Beverly Diane Miller

26 May 2022

My older sister is a notary and I would like to know if she notarized legal papers after my father died in 2019 ..how could I be sure of this

National Notary Association

26 May 2022

Hello. If your sister keeps a Notary journal, you can make a request to view or obtain copies of journal entries related to the transaction you have questions about.

Connie

13 Jun 2022

Can I notarize my fathers ex-wife’s signature?

National Notary Association

22 Jun 2022

Hello. To help us answer you question, can you please tell us what state you are commissioned in?

Charlotte Ireland

16 Jun 2022

In PA, can I notarize a Department of Transportation application to extend my child's permit (he is under 18 so his signature must be notarized), when I also must sign as his parent (because he is under 18) on another section of the form?

National Notary Association

24 Jun 2022

Hello. No, you may not notarize the document because you are also signing as a party involved in the document. “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[a][1]).

Marisa

17 Jun 2022

Is it at all unadvised to have one of my parents (both NY notaries) notarize my own NY notary application?

National Notary Association

24 Jun 2022

Hello. New York does not have a specific prohibition against notarizing for relatives. However, if either of your parents is a party to the document or has a direct interest in the document, that parent is prohibited by New York law from notarizing.

Kaila

21 Jun 2022

Located in FLORIDA _ Can I notarize a Document for my Grandmother?

National Notary Association

22 Jun 2022

Hello. In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

Tamara

25 Jul 2022

Can i notarize my child's immunization affidavit in texas that is asking for my own signature?

National Notary Association

28 Jul 2022

Hello. You should not notarize this document, because you are a party to the transaction. “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (TX Secretary of State's website, “Frequently Asked Questions for Notaries Public”).

Mark Atkinson

01 Aug 2022

In GA can you notarize Guardianship documents for a sibling and their special needs adult child?

National Notary Association

09 Aug 2022

Hello. In Georgia, “A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the notary’s impartiality: “(1) When the notary is a signer of the document which is to be notarized; or “(2) When the notary is a party to the document or transaction for which the notarial act is required” (OCGA 45-17-8[c]). “Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, stated: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.” “Can a notary notarize documents for relatives? — Georgia law does not specifically address performing notarial acts for relatives. However, the role of a notary public is to be a disinterested witness. Requests to perform notarial acts for any family member may create serious problems and should be avoided” (website, “Notary Public FAQ”).

Jess

14 Aug 2022

Wanted to confirm i can notarize a Warranty Deed for my parents in the State of CT; I have no benefit.

National Notary Association

15 Aug 2022

Hello. The state Notary Public Manual published by the Secretary of State's office says the following: “It is important for the notary to remember that all notarial acts must be performed with impartiality. The Office of the Secretary of the State strongly recommends that notaries exercise great caution when performing notarial acts in transactions where the notary has some beneficial interest, or which involve family members. In certain instances, the notary may choose to voluntarily disqualify him/herself from performing notarial acts in connection with such transactions”

Jessica

17 Aug 2022

If I live with my grandpa (Washington State) can I notarize his L&I documents?

National Notary Association

19 Aug 2022

“(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest. “(b) A notarial officer may not notarize the notarial officer’s own signature. “(c) A notarial act performed in violation of this subsection (2) is voidable” (RCW 42.45.020[2]). “While not expressly prohibited by chapter 42.45 RCW, it is also generally inadvisable for a notary to notarize a document for extended family members. A notary that performs a notarial act for a family member may be seen as having a conflict of interest in the transaction, which could call the notarial act into question” (Notary Public Guide).

Julie Austin

17 Aug 2022

I am a notary in the State of Indiana. My Son lives in Indiana also. He has a document that needs to be notarized and sent to Florida. I know you can notarize for a family member in Indiana but not in Florida. Since we both live in Indiana will this be acceptable for Florida.

National Notary Association

18 Aug 2022

Hello. That would be up to the agency receiving the document. You would need to contact the receiving agency to ask if they would accept the notarized document or not.

Nicole Turner

19 Aug 2022

Can I notarize a document for family under the Illinois state law?

National Notary Association

22 Aug 2022

Hello. Illinois does not prohibit notarizing for relatives. However, “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]).

Michelle

20 Aug 2022

I relocated to NC and selling a home in VA can my notary aunt notarize my closing paperwork?

National Notary Association

22 Aug 2022

“No notary shall perform any notarial act with respect to any document, writing, or electronic document to which the notary or his spouse is a party, or in which either of them has a direct beneficial interest, or where the notary is a signatory or is named in the document to be notarized, except that a notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document. “Any notary who violates the provisions of this section shall be guilty of official misconduct. A notarial act performed in violation of this section shall not automatically be void for such reason, but shall be voidable in the discretion of any court of competent jurisdiction upon the motion of any person injured thereby” (COV 47.1-30).

Anne

06 Sep 2022

I am in California. Can I notarize my son and his wife's divorce paper? Just divorce, no other financial related.

National Notary Association

07 Sep 2022

Hello. In California, “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. “For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: “(a) With respect to a financial transaction, is named, individually, as a principal to the transaction. “(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224). In any situation where it is not certain if notarizing would pose a conflict of interest for you, the safest course is always to have a different Notary with no interest in the document or relation to the signer perform the notarization instead.

Caprice Britt

11 Sep 2022

Can my husband notarize my Notary renewal form? I live in Georgia.

National Notary Association

16 Sep 2022

“Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, stated: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.” “Can a notary notarize documents for relatives? — Georgia law does not specifically address performing notarial acts for relatives. However, the role of a notary public is to be a disinterested witness. Requests to perform notarial acts for any family member may create serious problems and should be avoided” (website, “Notary Public FAQ”).

christina

16 Sep 2022

in FL can do notary work for my live-in boyfriend father/ daughters Grandfathers company?

National Notary Association

16 Sep 2022

In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

Cynn

18 Oct 2022

I live in TX. Can I notarize the paperwork giving my oldest daughter Power Of Attorney over my adult autistic son so she can get him into various programs? I have no financial gains, now or in the future, in any of the transactions that will be performed on his behalf, nor do I have access to any of his finances or medical information. His sister is in charge of everything pertaining to him.

National Notary Association

21 Oct 2022

Hello. There is no specific prohibition against notarizing for relatives in Texas. According to the Secretary of State's website, “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper”. If you have concerns the notarization might be questioned or challenged due to your relationship to the signer, the safest course is to have another Notary who is not related and has no interest in the transaction to perform the notarization.

kristinamarez@yahoo.com

30 Oct 2022

Am I allowed to notarize my brother in laws trust and will documents? My husband is the executor listed on the documents, However doesn’t gain anything financially or in any other way. I am not listed on the documents. I’m in California.

National Notary Association

02 Nov 2022

Hello. Notaries must proceed carefully when asked to notarize a will, which can be invalidated by the slightest variance from strict statutory rules. A will should never be notarized if the testator is asking the Notary questions about how to proceed. Rather, the testator should be following authoritative legal instructions and a certificate or certificates must be provided for the Notary to complete. The Notary Public Handbook published by the California Secretary of State says, “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner.” In any situation where it is unclear whether or not you may have an improper interest in the document as the Notary, the safest course is to have another Notary who is not connected to the transaction perform the notarization.

Crystal Carroll

01 Nov 2022

Hi, can I notarize a document for my brother in Florida?

National Notary Association

02 Nov 2022

Hello. “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]). “A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law” (FS 117.107[12]).

Polli Campbell

02 Nov 2022

Can I notarize papers for immediate family members in Wyoming?

National Notary Association

03 Nov 2022

Hello. Wyoming prohibits notarizing for the Notary's spouse or civil partner. (WS 32-3-123[a][i]).

MH

10 Nov 2022

In South Carolina it is allowed that a wife can notarize for her husband. But does this fall in “legal” , if the husband performs processing n deliveries of Summons and Complaints? What if the “married couple” share a bank account that the “Processor” gets paid for each process being served and the wife has access to this account, making her a beneficiary of this transaction?

National Notary Association

10 Nov 2022

Hello. In South Carolina, “A notary may not perform a notarial act if the … notary is a signer of, party to, or beneficiary of the record that is to be notarized. A disqualification pursuant to this item does not apply to an employee of a court within the unified judicial system, a notary who is named in a record solely as the trustee in a deed of trust, the drafter of the record, the person to whom a registered document must be mailed or sent after recording, or the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity” (SCC 26-1-90[C][3]). “A notary may not perform a notarial act if the … notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 26-1-100, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (SCC 26-1-90[C][4]).

Tennille Belliston

30 Nov 2022

In the state of Utah, can I notarize a document for my father-in-law? Can I notarize documents for family members?

National Notary Association

30 Nov 2022

Hello. Yes, you may notarize provided you are not a signer to the document, are not named in the document and do not receive a benefit from the document.

Sandy

13 Dec 2022

Can I notarize a healthcare directive form for my MIL/FIL? I’m in CA. My husband’s name maybe on the form.

National Notary Association

14 Dec 2022

Hello. While California does not prohibit notarizing for spouses or family members, but prohibits notarizing if you have a direct financial or beneficial interest in the transaction. “For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: “(a) With respect to a financial transaction, is named, individually, as a principal to the transaction. “(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224). If it is not clear whether or not you may benefit the transaction, the safest course is to have a different Notary with no interest in the transaction perform the notarization instead.

Celeste Saldana

15 Dec 2022

Hi I’m in Arizona and was wondering if I could notarize a vehicle title document for my mom?

National Notary Association

16 Dec 2022

Hello. In Arizona, Notaries are prohibited from notarizing for their spouses (ARS 41-328.B) and may not notarize if the Notary is a party to the document or has a direct beneficial interest (ARS 41.252.B). While Arizona Notaries are not prohibited from notarizing a parent's signature, the state does not encourage it. From the state Reference Manual: “A notary is an impartial witness. Just because the law allows a notary public to notarize for other family members, it is not a recommended action. Many courts have found that a sibling or other family member relationship implies some type of financial or beneficial interest in transactions thereby negating an argument for impartiality” (RM).

Rebecca Stevenson

22 Dec 2022

I'm in North Carolina. I work with my husband and our work is international inside the organization we're employed with. Can I notarize a document for him that will not be used in the USA, but rather be utilized in a 3rd world country for their documentation requirements?

National Notary Association

22 Dec 2022

Hello. North Carolina does not prohibit Notaries from notarizing for their spouses. However, you may not notarize if you are a signer of, party to, or beneficiary of the record, that is to be notarized.

Zach

27 Dec 2022

In California, could I notarize my spouse's signature on a PS1583 form, which they were filing in order to add themselves as a recipient for a virtual mailbox service which I had previously set up several months earlier? I am unsure whether their ability to receive mail at my virtual mailbox counts as a direct benefit to me. Assuming I have receive no discount or incentive by adding them.

National Notary Association

11 Jan 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Lynda

04 Jan 2023

This may sound crazy but I really need a Answer if possible My sister is a notary and she signed a Lifetime will for my brother which lasted 2022 and I have read that it was ok but she way signing papers for him like Dr. Medical, Hospice, Funeral Home and on top of that she didn't even spell where he lived correctly or the ladies name that was my brother was leaving the Lifetime right too. Dont get me wrong what and who my brother left everything to is fine but it's just not right because she was getting something out of it SHE SHOULDN'T DONE IT I think Thanks

mrs.j.sutton@gmail.com

04 Jan 2023

I am a notary in CA. My mother-in-law wants me to notarize her husband's Advance Healthcare Directive (I am not a witness on the directive). Am I allowed to notarize this for them? Also, do the two witnesses on the directive have to sign the journal? Thank you!!

National Notary Association

11 Jan 2023

Hello. You may not notarize if you have a direct financial or beneficial interest in the transaction or if you are named in the document. If you are unsure whether or not you have an interest in the transaction, the safest course is to have another unrelated Notary perform the notarization.

ABondurant

09 Jan 2023

I'm in Tennessee. Is it legal for my boyfriends sister to notorize a quit claim deed between him & his father? She will benefit financially. Is that legal?

National Notary Association

10 Jan 2023

Hello. Opinion No. 10-97 (September 13, 2010) of the Tennessee Attorney General states with respect to Notaries taking acknowledgments: “The Tennessee Supreme Court has recognized that it is unwise and contrary to public policy for any officer to take an acknowledgment to any instrument to which he is a party, or in which he is interested directly or indirectly. In either event the officer should be disinterested and entirely impartial, as between the parties…. Acknowledgments before parties related or interested are voidable, but not ipso facto void; and, while such acknowledgments will not per se be declared void, still they are open to attack, and the court will lend a ready ear to evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship or interest in the officer taking the acknowledgment.”

Erica Pallaron

20 Jan 2023

I am a Florida Notary. I am wondering if I can notarize a signature (not a relative) but the document itself is the Department of State Parental Consent Form used for minor passports and this form itself is for my Grandson as he is applying for a passport. Would the State Dep't or Florida consider this to have indirect involvement, even though I'm not benefitting in any way and I'm notarizing a signature of a the Father of my grandson?

National Notary Association

23 Jan 2023

Hello. In Florida, Notaries cannot notarize the signatures of a signer who is the spouse, son, daughter, mother, or father of the notary public (FS 117.107[11]). If the signer you describe is a relative as described, you cannot perform the notarization. If you are not certain whether you have a disqualifying interest, the safest course is to have another unrelated Notary perform the notarization instead.

Danny

20 Jan 2023

Helo, I was wondering if I can notarize an acknowledgement for my partner if she is trying to obtain a copy of her birth certificate?

National Notary Association

23 Jan 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

john mccauley

26 Feb 2023

I live In the state lf north carolina. My wife and I do not share the same last name but are legally married. She is trying to sell her car, can I notarize the title for her when she sells it?

National Notary Assocation

27 Feb 2023

Hello. There is no specific prohibition against notarizing for your spouse in North Carolina, However, you may not notarize if you are a signer of, party to, or beneficiary of the document that is to be notarized. If you are not certain if you would benefit from the transaction, the safest course is to have another uninvolved Notary perform the notarization instead.

Patricia

02 Mar 2023

My sister in law has asked me to notarize a power of attorney for her mother (my mother in law) who is ill. Although neither I nor my husband will be named in the document, can this be a conflict?

National Notary Association

06 Mar 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Kathy Rose

07 Mar 2023

Can I notarize documents for a nephew in the State of MA. I am not listed in the specific document. Thank you

National Notary Association

10 Mar 2023

Hello. In Massachusetts, “A notary public shall not perform a notarial act if: … “(vii) the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step or half relatives, except if a principal witnesses a will or other legal document prepared by the notary public who is an attorney licensed in the commonwealth” (GL 222, Sec. 16[a][vii]).

Stephanie Morrissey

13 Mar 2023

In Arizona can you notarize real estate documents for your dad? or can you be a felon and a notary in AZ?

National Notary Association

15 Mar 2023

The Arizona Secretary of State may deny an applicant's Notary commission application if the applicant or notary public has been convicted of any felony or a crime involving fraud, dishonesty or deceit (ARS 41-271). While Arizona Notaries are not specifically prohibited from notarizing for a parent, the state Reference Manual says, “A notary is an impartial witness. Just because the law allows a notary public to notarize for other family members, it is not a recommended action. Many courts have found that a sibling or other family member relationship implies some type of financial or beneficial interest in transactions thereby negating an argument for impartiality”

Stephanie Morrissey

15 Mar 2023

How do I go about reporting a Company who is having all of the real estate sale documents notarized by a felon convicted by the federal trade commission in 2018 for fraudulent schemes? Also... would anything they have notarized void?

National Notary Association

17 Mar 2023

Hello. If you suspect a case of fraud, please contact local law enforcement to report it. We cannot offer legal advice regarding a document's possible invalidation; you would need to speak to a qualified attorney about that matter.

S triv

19 Mar 2023

Hi can I notarize copies of my husband’s foreign passport? He needs these to renew his foreign passport. Thanks.

National Notary Association

20 Mar 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Tom Montgomery

06 Apr 2023

Can I notarize a vehicle title for my brother in Wyoming, It does not directly affect me, Thanks

National Notary Association

14 Apr 2023

Hello. Wyoming does not specifically prohibit notarization for siblings. However, you may not notarize under any of the following conditions: “A notarial officer shall not … [p]erform a notarial act with respect to a record to which the officer is a party or … has a direct beneficial interest” (WS 32-3-123[a][1]). “A notarial officer shall not … [n]otarize the officer’s own signature” (WS 32-3-123[a][ii]). (WS 32-3-123[a]). “A notarial officer shall not … [n]otarize a record in which the officer is individually named or from which the officer will directly benefit by a transaction involving the record” (WS 32-3-123[a][111]). A notarial officer shall not …[p]erform a notarial act with respect to a record to which … the officer’s spouse or civil partner is a party or … has a direct beneficial interest” (WS 32-3-123[a][i]).

Araceli

12 Apr 2023

Can I notarize a document for my brother but im not going to notarize his signature but the other person signature. My brother will have to get his signature notarized by someone else. Can i do that in texas

National Notary Association

14 Apr 2023

There is not a specific prohibition against notarizing a relative's signature in Texas. However, “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (TX SOS website, “Frequently Asked Questions for Notaries Public”)

Susan Johnson

21 Apr 2023

I'm a notary in the state of Indiana. My grandson is needing a paper notarized for him to go to church camp. Can I notarized this one? Thanks

National Notary Association

28 Apr 2023

Hello. Yes, provided that the document does not benefit yourself or your spouse.

Kurt

25 Apr 2023

Can a notary notarize a document for a relative in NJ?

National Notary Association

26 Apr 2023

Hello. In New Jersey, "A notarial officer may not perform a notarial act with respect to a record to which … the officer’s spouse or civil union partner is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (52:7-10.7.b).

Andy

04 May 2023

My adult child needs an Affidavit of Character signed by a third party. Can I, as her mother, notarize the third party signature (being it is a form for my child)?

National Notary Association

08 May 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

AYoung

19 May 2023

In the state of Texas, can I notarize my stepfather’s request for a disabled person license plate? It is recommended by his Doctor Who gave him the form due to his medical diagnosis.

National Notary Association

19 May 2023

Hello. In Texas, “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (TX Secretary of State's website, “Frequently Asked Questions for Notaries Public”). Also, “There is no specific prohibition against notarizing a spouse’s or relative’s signature or notarizing for a spouse’s business” (TX Secretary of State's website, “Frequently Asked Questions for Notaries Public”).

Lei

23 May 2023

I'm a Notary in NJ, my daughter lives in Georgia. Can I notarize a document for her? Without her in my presence?

National Notary Association

23 May 2023

Hello. Your daughter would have to personally appear before you in order for you to notarize her signature.

Miros

30 May 2023

Hello, I'm a notary in CA. I notarized form DS-3053: Statement of Consent - Issuing a Passport to a Minor Under Age 16 for my son's ex-wife because she couldn't go to the appointment. I am not named as a parent or guardian at all, only thing is my son is the parent. The passport agency returned their application due to "the notary appears to be a relative of the parent/guardian" I thought i can do that notary for them.. what can We do?

National Notary Association

30 May 2023

Hello. If the receiving agency will not accept the notarized document because of your relationship to the signer, you will need to have another notarization performed by a Notary who is not related to the signer. You may wish to contact the receiving agency to ask if they have any specific instructions regarding performing the second notarization.

Alex

13 Jun 2023

Am I able to Notarize a document for my ex- sister in law? She was previously married to my brother in law but he has since passed away. I am located in Nevada

National Notary Association

14 Jun 2023

Hello. Nevada Notaries are prohibited from notarizing for the following family members: “(a) A spouse or domestic partner, parent, grandparent or stepparent; “(b) A natural born child, stepchild or adopted child; “(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister; “(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and “(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public” (NRS 240.065.3).

Linda McCreary

15 Jun 2023

In CA, can I notarize my sister's POA over of my mothers?

National Notary Association

20 Jun 2023

“A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. “For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: “(a) With respect to a financial transaction, is named, individually, as a principal to the transaction. “(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224). “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner” (Notary Public Handbook).

notarywithgracellc@gmail.com

13 Jul 2023

My I notarize a document for my brother in law I have no personal benefits from the transaction.

National Notary Association

14 Jul 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

david

15 Jul 2023

Is a daughter allowed to notarize her mothers divorce affidavit because she definitely benefit from it

National Notary Association

17 Jul 2023

Hello. To help us answer your question, can you please tell us what state the Notary is commissioned in?

Michae

07 Aug 2023

I am commissioned in Florida. Can I notarize a document for my spouse’s father?

National Notary Association

09 Aug 2023

Hello. In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

Helen

09 Aug 2023

I am commissioned in CA. My daughter passed the CA bar and needs to be sworn in. Can I as NP swear her in?

National Notary Association

28 Aug 2023

Hello. Yes, provided you do not have a direct financial or beneficial interest.

andrea

11 Aug 2023

hello! i am commissioned in Florida. I know i am not allowed to notarize for any immediate family member. Nor am i allowed to notarize on behalf of a coworkers spouse, but am i allowed to notarize anything for a coworkers minor? I.E: allowance to get Medical insurance for the minor under 30 or approval to do a driving test to get the license? i believe i am not but i would like to be sure

National Notary Association

11 Aug 2023

Hello. In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

Tom in Tennessee

15 Aug 2023

Can a tennesee notary perform a wedding ceremony for her sister

National Notary Association

02 Oct 2023

There are no restrictions in law or regulation that prohibit a Tennessee Notary from performing a marriage ceremony for a sibling.

Daniel

17 Aug 2023

Can my uncle's daughter (commissioned in TN) notarize a document for him and my mother transferring grave plots to him?

National Notary Asscoiation

21 Aug 2023

Opinion No. 10-97 (September 13, 2010) of the Tennessee Attorney General states “The Tennessee Supreme Court has recognized that it is unwise and contrary to public policy for any officer to take an acknowledgment to any instrument to which he is a party, or in which he is interested directly or indirectly. In either event the officer should be disinterested and entirely impartial, as between the parties…. Acknowledgments before parties related or interested are voidable, but not ipso facto void; and, while such acknowledgments will not per se be declared void, still they are open to attack, and the court will lend a ready ear to evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship or interest in the officer taking the acknowledgment.”

Andrea

21 Aug 2023

In New York State, my nephew is a high school student enrolling in college level classes at a local community college. Per NYS, he needs to provide proof of residency, and submit a form to his county CFO. He does not live with me, I live in a neighboring county. I am not physically or legally responsible for him and I stand to gain nothing financial or otherwise. Can I notarize his application for proof of residency?

National Notary Association

21 Aug 2023

Hello. New York does not have specific prohibitions against notarizing for relatives. “All notaries public who wish to perform notarial acts in New York State, must: … disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction” (19 NYCRR 182.3[a][5]).

David Swatloski

29 Aug 2023

In Arkansas, Can I notarize my step-son's divorce papers. These documents have no benefits to me and I can bias to the situation.

National Notary Association

29 Aug 2023

Hello. According to the Arkansas Secretary of State's website, “While Arkansas law does not expressly prohibit notarizing for a relative, many notaries who do so might violate those statues regarding a direct or indirect financial benefit from the document in question”

Kelly Chapman

05 Sep 2023

I have a question. I received a Power of Attorney to notarize. Their signature blocks are identical (father and son with no "Jr") Other than attaching a copy of their driver's license to identify their name and signature, is there anything else I should do?

National Notary Association

05 Sep 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Kara

19 Sep 2023

In Texas, can I notarize a state issued immunization exemption for my adult son?

National Notary Association

26 Sep 2023

Hello. There is no specific prohibition against notarizing for relatives in Texas. However, the Secretary of State's website says the following: “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper”

Stanley Smith

21 Sep 2023

What if I can't get child mother to notarized the document. Will this stop me from joining the army. This is the final step before I sign. I passed the afat with a 51, and the ASVAB with the 88, passed my hearing, vision, and drug test, plus my blood screen came back ok, now im on child support and have the birth certificate and the social, but getting her on the same page. For the notary is difficult

National Notary Association

26 Sep 2023

Hello. You would need to speak with your recruiting officer or recruiting office for instructions on how to address any issues with your enlistment paperwork.

Sanjues Sampson

05 Oct 2023

Can I notarize a document for my nephew wife? Nothing to gain

National Notary Association

05 Oct 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Nassar Torres

12 Oct 2023

I understand that I am prohibited from notarizing any documents for my sister in law in Massachusetts. However, there does not seem to be any guidance on whether that prohibition is extended to her children. My niece needs a document notarized. Can I perform that action or would it be prudent to seek another notary to do this?

National Notary Association

12 Oct 2023

Hello. In Massachusetts, “A notary public shall not perform a notarial act if: … “(vii) the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step or half relatives, except if a principal witnesses a will or other legal document prepared by the notary public who is an attorney licensed in the commonwealth” (GL 222, Sec. 16[a][vii]). When in doubt, the safest course is to have an unrelated Notary perform the notarization instead.

Kristal

16 Oct 2023

In Arizona, can someone Notarize a Quit Deed to take a property out of Trust if they are the Power Of Attorney for a person or the Executor of their Will?

National Notary Association

16 Oct 2023

Hello. That is a legal quesiton that would need to be answered by a qualified attorney.

Qelvin K.

01 Nov 2023

ID laws apply: My father-in-law is selling a property in Utah and reinvesting the money into a property in Idaho. I currently live on the property in Idaho and will continue to do so for a time. I am not currently, nor will I be, the owner of any portion of the property on which I reside to the best of my knowledge, nor will I or my wife be named in my in-law's will(s) to inherit the property. I have been, and will continue to pay the same amount of rent. Is it a conflict of interest to notarize the documents in the transaction? Would any such potential conflict be disclaimable by mutual written agreement?

National Notary Association

01 Nov 2023

Hello. Can you please clarify-are you the Notary that would be performing the notarization?

Rosana

18 Dec 2023

Hello from WA. I know I am not able to notarize for my spouse however, am I able to notarize billings if I am his employee?

National Notary Association

18 Dec 2023

Hello. No, if your spouse has an interest in the document, you may not notarize: “(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest. “(b) A notarial officer may not notarize the notarial officer’s own signature. “(c) A notarial act performed in violation of this subsection (2) is voidable” (RCW 42.45.020[2]).

Rosie Carter Thomas

18 Dec 2023

Can u notarize for family in Maryland?

National Notary Association

18 Dec 2023

Hello. In Maryland, “A notarial officer may not perform a notarial act with respect to a record to which the notarial officer or the spouse of the notarial officer is a party, or in which either the notarial officer or the spouse of the notarial officer has a direct beneficial interest” (ACM St. Gov’t 18-203[b][1]). A notarial act performed in violation of this provision is voidable (ACM St. Gov’t 18-203[b][2]). The state Handbook for Maryland Notaries Public recommends the following: “While the law only prevents a notarial officer from performing a notarial act in which the notarial officer or the spouse of the notarial officer has a direct beneficial interest, we recommend a notarial officer to refrain from performing a notarial act … [f]or all members of their immediate family even if not under a legal duty to refrain for that member of your family”

unitedbrothersgc@gmail.com

18 Dec 2023

I am currently commissioned in the state of WA. I am currently employed at a company owned my husband and his brothers. I would like to know if I am able to notarize the company billings where my husband would be the signer. I realize that according to the laws in my state, I may not notarize any documents for my spouse however I would be acting as his employee, and I would have no direct benefit from it.

National Notary Association

18 Dec 2023

Hello. No, if your spouse has an interest in the document, you may not notarize: “(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest. “(b) A notarial officer may not notarize the notarial officer’s own signature. “(c) A notarial act performed in violation of this subsection (2) is voidable” (RCW 42.45.020[2]).

Graciela Rivas

31 Jan 2024

Am I able to notarize an oath of office for my spouse to become a notary?

National Notary Association

01 Feb 2024

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Nargiz

11 Feb 2024

My husband’s ex wife being a public notary in NYC forged his signature on the consent form for their child’s passport application notarized it herself and submitted it. We reported the case to the police but they said it might not go anywhere and the case will be just closed. Where else we can report her for abusing her notary power.

National Notary Association

15 Feb 2024

Hello. Please see here for instructions to file a complaint with the state: https://portal.311.nyc.gov/article/?kanumber=KA-01734

Monica Gilbert

14 Feb 2024

In California, can I notarize a Durable Power of Attorney and Health Care Directive for my mother if I am not being named the agent (my brother is)? I would be the back-up agent. Thanks

National Notary Association

15 Feb 2024

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

G.moodalbail subbarao

16 Feb 2024

I am a Ca Notary. Can I notarize a travel consent letter, as my minor grand daughter travelling internationally with her father (my son ) and not with her mother ?

National Notary Association

26 Feb 2024

Hello. California does not have a specific prohibition against notarizing for relatives and family members. However, you may not notarize if you are named in the document or receive any kind of direct benefit from the document (GC 8224). If you are concerned whether a question of your impartiality might cause an issue with the document in the future, the safest course is to have another unrelated Notary perform the notarization instead.

Ed Bogan

18 Feb 2024

My Wife inherited her fathers business after he passed away. Am I able to notarize for her business. I am not employed by her now business.

National Notary Association

20 Feb 2024

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Michelle

28 Feb 2024

Hello, can I notarize a retirement form for my mother if there is no financial benefit to me in the state of MD?

National Notary Association

29 Feb 2024

Hello. The Handbook for Maryland Notaries Public says the following regarding notarizing for relatives: “While the law only prevents a notarial officer from performing a notarial act in which the notarial officer or the spouse of the notarial officer has a direct beneficial interest, we recommend a notarial officer to refrain from performing a notarial act … [f]or all members of their immediate family even if not under a legal duty to refrain for that member of your family”

Leave a Comment

Required *

All comments are reviewed and if approved, will display.

Close